PRINTER'S NO. 1568
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1400
Session of
2023
INTRODUCED BY KENYATTA, MADDEN, DEASY, SANCHEZ AND HILL-EVANS,
JUNE 13, 2023
REFERRED TO COMMITTEE ON LIQUOR CONTROL, JUNE 13, 2023
AN ACT
Amending the act of April 12, 1951 (P.L.90, No.21), entitled "An
act relating to alcoholic liquors, alcohol and malt and
brewed beverages; amending, revising, consolidating and
changing the laws relating thereto; regulating and
restricting the manufacture, purchase, sale, possession,
consumption, importation, transportation, furnishing, holding
in bond, holding in storage, traffic in and use of alcoholic
liquors, alcohol and malt and brewed beverages and the
persons engaged or employed therein; defining the powers and
duties of the Pennsylvania Liquor Control Board; providing
for the establishment and operation of State liquor stores,
for the payment of certain license fees to the respective
municipalities and townships, for the abatement of certain
nuisances and, in certain cases, for search and seizure
without warrant; prescribing penalties and forfeitures;
providing for local option, and repealing existing laws," in
distilleries, wineries, bonded warehouses, bailees for hire
and transporters for hire, further providing for exemptions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 502 of the act of April 12, 1951 (P.L.90,
No.21), known as the Liquor Code, is amended to read:
Section 502. Exemptions.--(a) No license hereunder shall be
required from any registered pharmacist; or a physician licensed
by the State Board of Medicine; or any person who makes and
sells vinegar, nonalcoholic cider and fruit juices; or any
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person who manufactures, stores, sells or transports methanol,
propanol, butanol and amanol; or any person who conducts a
wholesale drug business; or any person who manufactures
alcoholic preparations not fit for use as a beverage, other than
denatured alcohol or for beverage purposes; any person engaged
in the manufacture; possession or sale of patent, patented or
proprietary medicines, toilet, medicinal or antiseptic
preparations unfit for beverage purposes, or solutions or
flavoring extracts or syrups unfit for beverage purposes; or any
person who manufactures or sells paints, varnishes, enamels,
lacquers, stains or paint, or varnish removing or reducing
compounds, or wood fillers; or any person who manufactures any
substance where the alcohol or any liquor is changed into other
chemical substances and does not appear in the finished product
as alcohol or liquor; or any common carrier by railroad which is
subject to regulation by the Pennsylvania Public Utility
Commission of the Commonwealth of Pennsylvania, or scheduled
common carriers by air of mail and passengers; or any person who
sells, stores or transports alcohol or liquor completely
denatured, as specified by the board; or any person licensed
under Article IV for malt and brewed beverages who manufactures,
distills or otherwise produces alcohol as a byproduct of the
manufacture of any reduced alcohol or nonalcohol malt or brewed
beverage if the byproduct is not intended nor used as a beverage
for human consumption except as part of the malt or brewed
beverage.
(b) Any retail dispenser who, for sale at retail and not for
transfer to any other location of the retail dispenser, as part
of a preexisting written agreement with a distributor which
specifies the retail dispenser's licensed premises as the
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receiving location and within the same franchise territory, has
purchased not more than twenty-one (21) cases or three (3) kegs
of malt and brewed beverages in packages of original containers
in any forty-eight-hour period, may use the retail dispenser's
own vehicle for transport while returning the product directly
to its place of business.
Section 2. This act shall take effect in 60 days.
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